>> i didn't tell them much. >> was the gun loaded?. >> we do not know that at this time. >> and aimpk shus parents converged. >> it makes no sense to be sitting in the open when they're saying there is a gunman here willing to shoot anyone. >> i had no idea i don't know what happened. >> the difference, her son, witnesses tell us working on the car he pulled a shotgun and laid it on the street. and someone called police. >> he was just racking the gun. >> not threaten something. >> no. >> they feltere feltered -- -- sheltered 250 kids in place ask evacuated classes out of a back door to this park half a block away. >> there will be a little confusion about when parents see a mass number of cars in the neighborhood. they're going to be frightened

but i think it was confidence. >> police took him into custody. it's baffling to those who know him. >> what upset him? >> i don't know. >> he's a good kid. >> at least, however, he's had bad judgment about firearms, a worry some exkbreerns for kids and especially for parents. all parents. >> this is gone. i don't know why. >> as of now he faces charges unnamed by the police. and oakland unified school district will send a letter explaining what happened. it won't be the first letter received from the district. and this school is scheduled to close due to budget restraints at the end of the year. >> thank you. >> several other schools in

fremont were locked down today. police searched for three men accused of breaking into a home. all three suspects are in custody right now. sky 7 arrested a third suspect found hiding in the backyard of the nearby hoax the homeowner scuffled when he found them there. he suffered minor injuries. police lifted a lock down just before 1:00 this afternoon. >> it turns out the suspect police shot over the weekend is a cousin of oscar grant, the young man shot and killed three years ago. tony jones shot on sunday, police say he had a gun, recovered at the scene. his family disputes that. laura? >> hi, larry. just learned police plan to charge jones with four felony counts related to sunday night's incident. we've learned a few more details about what happened on sunday night.

>> i didn't believe what my son is telling me. he said did he not have a gun. >> the attorney oakland police officer shot at him. he was being persued as a possible armed robbery suspect he did nudge wrong but get out of the car. the vehicle stopped and started walking away from them. and they then pulled up behind him and he was sholt in the back. >> only thing i can tell you is that it's under investigation. >> police won't say much, a source told abc 7 jones was running with a gun in his hand when the officer opened fire. >> my son said mama officers is lying. >> his mother maintains her son, she says was recently released from prison was not armed. police say they did recover a handgun near where jones is shot. jones is grant's first cousin.

unarmed grant was shot in the back by a bart police officer on new year's day, 2009. the 22-year-old man died hours later. >> this is wrong. i think police officers should know when to use force and can't raise the level of force when there is no threat against him. >> this attorney says they've started the process of starting a lawsuit against the city of oakland. the police department announced this afternoon that tony jones has been placed under arrest here at the hospital and faces four felony counts including armed robbery and a felon in possession of a loaded firearm. >> a murder suspect appeared in court to answer charges he beat a berkeley hills homeowner to death. investigators say daniel jordan dewitt bludgeoned the man saturday night. at took place after he called

police to report a suspicious person on his property. police are facing criticism for not responding quickly enough to that call. they were dealing with an occupy protest. several of the family member as tended the hearing. >> san francisco sheriff was back in court this afternoon. his attorney is trying to get key evidence thrown out in his domestic violence case before that trial begins. we are live from the hall of justice. >> it was a brief hearing here today. just some house keeping maneuvers. the news is that motion filed today. >> ross mirkarimi is prepared to have his day in court. the sheriff is accused of domestic violence towards his wife on new year's eve. and his attorney filed a motion asking that statements lopez made to her neighbor be

tossed out as hearsay evidence. conversation not made in the heat of the moment and not under dures. >> there is hearsay. >> if successful that, could gut the prosecution's case, lopez's attorney is using another strategy, trying to prevent videotape madison shot of what documents say was a bruise on lopez's arm from being inintroduced in court. >> all you need to do is take a look at ivory madison's web site. she says she's trained as an attorney. that she worked at california supreme court. obviously she says she graduated from law school. >> the district attorney george gascone says he's not speculating on the defense strategy. >> we believe that this evidence based on our

understanding in this case are add missible evidence. >> and the d.a.says that he's going to let the court make the legal decision saying he doesn't want to try this case in the media. >> clergy demanding repet yens from bank executives for foreclosures carried out in the bay area, one spread ashes in downtown san francisco. members of the project want to seat banks do more whit comes to modifying mortgages and freezing foreclosures. >> there are bailouts and people are suffering. i see people in our congregation and parish suffering and i don't want to stand for that. >> and clergy members attempted to deliver a letter. wells fargo responded by issuing a statement saying

unfortunate reality is that some are at n.homes they cannot afford, even with reduced payments. we make every attempt to avoid foreclosure. >> we saw some record-segt warmth throughout the bay area today. >> there is -- welcome to summer. >> feels like summer. >> 80 degrees in santa rosa. 77 in redwood city. and 79 in livermore. there is a napa tied to have but we don't have official final highs in yet. there could be more records before the day is over. this evening remaining clear and mild. temperatures into late to mid evening hours from mid-50s mid-60s. tomorrow morning, sunny skies and bright skies. there are lows from about 43-5 and there is is more records tomorrow, i'll have the forecast for new just a few

minute autos thank you. also ahead a government panel wants seniors to get vaccinated for whooping cough. >> an unusual lesson for students playing with action figure autos and michael finney is taking your questions through his facebook and twitter questions and will be answering them here live just a little bit later, you can contact him at michael finney abc 7. >> our first check of traffic looking at a san francisco skyway downtown. the usual slow go. looking better for those on the right side of the screen. stay with us. the news at 4:00 continues. -dad, why e you getting that? -that's my cereal.

is there a prize in there? oh, there's prize, all right. is it a robot? no. is it a jet plane? nope. is it a dinosaur? [ laughs ] [ male announcer ] inside every box of heart healthy cheerios are the great tasting little o's made from carefully selected oats that can help lower cholesterol. stickers? uh-uh. a perhero? ♪ kinda. [ male announcer ] and we think that's the best prize of all.

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new concerns about diet sewed yeah ya and older adults. the study of older adults found the group was 44% more likely to suffer a heart tack or stroke, and researchers are quick to point out the drinkers are prone to diabetes and stress. the study pubbished in general internal medicine vivus may soon be the first drug maker in decades to introduce a new weight loss pill to the market. approving a treatment for obesity. the same pill that gave them a thumbs down over concerns about potentially dangerous side affects including birth defects. today, telling the panel the

benefits outweigh risks. fda is expected to make a decision by april 17th. the agency follows rec men daigsz of the advisory panel. >> another federal panel is recommending all americans aged 65 and older get vaccinated against whooping cough. the committee believes it's under reported but the zbol to prevent seniors from spreading the disease to infants, who are most vulnerable. it's a highly contagious bacterial disease that leads to severe coughing spasms that cause children to make a whooping sound. >> hewlett-packard released earnings this afternoon, it's meg whitman's first full quarter at hp.

>> meg whitman has her work cut out for her, she's been on board about six months there, but numbers are only getting worse. profits took a dive on the earnings call said hp used to take advantage of opportunities ahead in cloud, security and information technology. but she's fighting a war on many fronts. in the pc business, where hp is number one but losing shares in printers. there is inconvenient teary is stacking up. and hp shares are down slightly in after hours, but up more than 27% since whitman became captain. the broader numbers posted losses today.

there is a is your bloomberg index down less that be piersent. -- percent. and life squared plans to cut its work force after regulators rejected the network. the plans were dealt a blow when the fcc refused to give permission to build a national wireless network saying it interfere was signals. around 150 people will lose jobs. and google seems to be taking some cues from the terminator. the tech giant is working on high-tech glasses with built in computer displays and a camera. they will run on an android system. sounds cool. but maybe a source of cover down the road. take a listen to what nick thompson had to say when i asked about concern autos there is a privacy concern. i could be wearing glasses and

filming everything around me, it means we can move closer to the world. we're all celebrities and everything we do is filmed in all times by every other person. >> and insiders say they can be available before the end of the year. >> the fcc is asking internet service providers to adopt an industry wide standard to help keep hackers from taking over your computers, it follows attacks from large companies from citi group to hock he'd martin. >> thank you. >> and what a day to be in san francisco. >> and fantastic. >> i'm just more amazed day after day. we now have fall, followed by spring and summer no, winter, it's super summer. this is a live view looking

towards mount diablo. and there is warm weather. there is santa rosa, 80. these are new record highs for the date. there is highs into upper 70s today, unfebruary like weather. there are highlights. there are temperatures into the 70s in most loks. and these are the highlights. there are clear skies tonight. there is a pattern about to change. we have gusty winds so a wind advisory is in effect from 4:00 tomorrow morning to 6:00 tomorrow evening. there are winds gusting 45-50 miles per hour. over the hills strongest winds

above 1,000 foot level. so there is this advisory. they'll warm it up again tomorrow, this center will center to our north and we'll get that off shore flow warming us up tomorrow, again. and there is a shift in our winds by friday morning we'll have a sea breeze returning and cool us down again. taking a look at temperatures turning over the weekend and you'll bottom out a bit into early next week as well. there are lows into upper 40s to right around 50. so not cool tonight. then, tomorrow, very warm once again with highs into mid to upper 70s. could approach 80 in n.spots. there is mid to upper 70s as well. there is 76 in salinas. here is the accu-weather

forecast. there is a cool down friday, then cooler days follow saturday throughout all of next week. there is a slight chance of rain next wednesday by just doesn't look like a significant rain storm, so that is not much hope that that is going continue to erase this rainfall deficit. >> we're dealing with guilt for a while. hoping for rain. now, it's just 78 degrees it's just going away. >> there is oscars just day as way. hollywood is buzzing about lindsay lohan. >> right. that story and more in this on the red carpet report. lindsay lohan's life and career appears on the road to recovery. a judge says she's doing a good job with probation and may only have to return to court one more time, talks gelt serious to play elizabeth tailor in a cable tv movie.

hollywood is bursting with pre-oscar energy. kate bossworth and jessica chastain attending a party honoring charlie chaplain. >> i'm so happy people are seeing him as an artist. i hope it inspired them to see more silent films. he was an innovateor and wasn't just a comedian. >> the event co-hosted by harvey winestein. hollywood's young stars are also psyched for oscar sunday but what to wear to the big show? 11-year-old amera miller. >> i am so excited for oscars. it's just like i am shaking. it's just, i can't believe it. >> you can share in that excitement now at oscar.com. official home of the academy awards. check out the blog, join in on the fun.

for everything else head over to otrc.com. >> there is four days and counting until oscar sunday which is this sunday. be sure to down load the oscar app at abc 7 news.com. you can join twitter by using hash tag oscars sf. >> be sure to check our web site. you'll find a fashion photo gallery and facts there. >> and just ahead bay area lawmaker wants to allow religious community to bow out of performing same-sex marriages. >> and at 4:30, what cash-strapped postal service is selling to try to cut costs then at 5:00 top dog honors for a little guy. track down millions from one police report. >> checking traffic one more time. warm, sunny in san rafael. looking at 101, traffic moving smoothly. the news at 4:00 continues.

a new bill could help clergy. we're concern about the overturn of prop 8. there is a religious freedom bill. fit passes no one would be forced to perform a marriage going against their faiths. >> there is no religious institution which does not wish to solemnize these

marriages will be required to do so. they state no religious organization will lose tax exempt status as a result. >> the rights to refuse same-sex marriage ceremonies has been one of the major concerns of the supporters, senator leno ez this would reaffirm separation of church and state. >> and a new ballot initiative could meet changes for san francisco's historic coit tower, limiting smeshl activities with the landmark, developed in response to the request for pro poseals. if approved sundays would go towards preserving and maintaining the building. >> this is a mass lesson like no other. 11th graders use rubber bands to drop action figures and other objects from the second floor of the building. it was just for fun. they're in a class and assignment was to use math principles to get objects

close to the floor without hitting it we'd come up with if you're going to be figuring out weight and right amount you needed to get a good free fall and be safe. >> is that fun. the class is called the bunky lab. sign me up for the bunky lab, please, two team wbz able to get to successfully bunky jump. >> and the little guy. >> yes. go with action figure guy. >> steps some high tech giants will be accessing through an app. >> and republicans not sure what to make of the president's new plan to change corporate tax rates. >> and clear skies from our sutro camera. going to look like this tomorrow and will be warm. i'm spencer christian.

the forecast is coming up.

pryasy on the web becoming more of an issue and social media sites exploding growth. >> privacy can be very difficult to ensure. abc 7 has more now from san jose. >> and the state attorney says this is not against the law

for games and media apps to gather personal deal details. but it is illegal if they don't tell what you they're doing. the problem is that most don't have a privacy poll sismt this is estimated applications intrn down loaded 35 billion times, yet only 22 out of the top 30 have a privacy policy according to the california attorney general. >> giving the consumer and user control. because reality is that most of us don't understand the technology. so we don't know what it is capable of doing. >> paris and the staff sat down with a six largest companies. amazon, apple, google, hp, microsoft and research in motion. maker of the black berry. all six from agreed to comply with state law. working with app developers to

create policies, post them before a down load occurs. harris says mobile applications can collect a user's name, address and other detail was out the user's knowledge. the state office of privacy protection autos knowing you're going have to explain the information you're collecting and what you're doing witness is going to cause you to think it through. >> i would think long term would be an impact big unknown is that they'll down load apps. and if they don't go with bombsies the chances of people not installing an app they want or want to test out, are slim. >> and look for those policies to start popping up. otherwise, the app developers

could be subject to a fine or every down load vile yaipgs. in the newsroom abc 7 news. >> thank you. >> and president obama is seeking to lower the corporate tax rate, unveiling a plan it claims would make businesses more competitive and encourage manufacturers to stay in the u.s.. the president's plans to lower the rate from 35% to 28%, raising overall revenue by eliminating dozens of loopholes and require u.s. companies operating overseas to pay a minimum tax rate on foreign earnings. reality is that congress finds sweeping tax changes tough to tackle in an election year. >> chances of passing are slim and none, and slim is out of town. this isn't going to happen. >> and well, if it does happen, critics say while the president is closing loopholes he's opening others including tax credits for investing in

renewable energy. >> republican candidates will hold their 20th debate tonight in tucson. it's the last debate before super tuesday. and rick santor yum's first as republican front runner. campaigning in arizona today, mitt romney ignored his chief rival and went straight for president obama. >> his plan with regards to jobs is simple. you wants to raise taxes. that will kill jobs in this country. >> and polls show romney with a lead n michigan, his home state, some polls show home trailing santorum. in one national poll, he is up 10 points. >> this debate is a critical moment and opportunity. this is to frame argue gums that could up end this race. >> those final arguments have

been dominated by social issues. >> the problem is that he's never had discipline to stay on the net. >> he's turning his focus to issues like abortion. and burning up internet yesterday the speed where he suggests sattan is attacking america. >> if you were sattan who would you attack in this day and age? there is no one else to go after. >> last night santorum says that speech isn't relevant. >> you want to dig up old speeches you can go ahead ask do so. >> that should be music to romney's ears. a new poll found nearly two thirds of the republicans have a favorable view of santorum. suggesting they should be happy with other one of them as the nominee. >> 74 more deaths reported in syria. two journalists, one person, new york native, a war

reporter and a french photo journalist were killed today during an assault. he wondered where the world wasn't doing anything to stop the killings in syria. the syrian president assad is stepping aup tack against rebels engaged in an uprising. u.s. embassy in kabul is in lock down, second day of protests turned violent. seven people have been killed over the accidental burning of hundreds of korans and staff have been told not to travel while this continues. and there is a perception they disrespect culture and islam. >> and divers in it valle valley -- ittally spotted four more bodies today in a submerged passenger deck, only three bodies were recovered.

that is a man, woman and child. the vessel struck a reef on january 13th. the number dead and missing and presumed dead stands at 32. >> coming up on abc 7 news at 4:00 you're starting to see affects of a dry winter. and a big decision not going to sit well with farmer autos also, taking your questions from twitter and facebook and answering them here later, you can contact michael on twitter and facebook.com. >> time for a look at weather. there is some fog off to the distance, clear skies tonight. i'll have a warm forecast coming up. >> checking traffic. spencer gave you one angle, yesterday we showed you the golden gate almost enveloped in fog. skies are clear and so is

traffic. news at 4:00 continues.

we're starting to see affects from the dry winter. state announced it's cutting back on the amount of drinking water it can deliver, dropping estimates on how much it will deliver saying likely only satisfying 50% of what is requested instead of 60%. not a surprise since there is

a the state diverts fresh water to 25 million californians and a near bill -- million on the web. >> snow pack not likely to get help in the last week. >> this is sun bathing weather. >> take a look at sky conditions this afternoon. there is blue skies and there are high clouds overhead. tomorrow, there is warmth down south. 75 in big sur, 70s in fresno. here in the bay area, there is another warm one. sunny, warm, and highs into mid to upper 70s. there is 76 in redwood city. upper 60s to low 70s on the coast.

downtown san francisco a high of 72 tomorrow. there is 77 in calistoga. and highs mid-70s. there is oakland and fremont. there is mid-70s near the bay and mid-70s inland. so the unusually warm weather continues and we'll have a cool down over the weekend. still, no rain is in sight. >> and there is the president helped celebrate the ground breaking of the smithsonian in washington this morning. the smith sewnin provided this video of what it will look like whit opens in 2015 just blocks from the white house. >> this is fitting there is a

home on the national mall. and on this ground long ago, lives were once traded. and where hundreds of thousands marched for jobs. >> the museum showed some of the pieces that will be on exhibit like a hat worn by michael jackson. there are. >> is it a crime to lie is in the supreme court takes up a case of a man arrested for claiming to have won the medal of honor. >> and a governor's about face on a controversial bill requiring women to undergo an ultrasound before having an abortion.

you can see

u.s. supreme court heard arguments in one of the first cases involving stolen valor act. a man at the center of the case. he claimed to have been a wounded war veteran awarded medical of honor. today the supreme court justices wanted to know whether a decision to up hold the stolen valor act could lead to new laws against lying about affairs, college degrees and impress a date. that decision expected by late june. >> and virginia's governor

made an about face over a bill angering pro-choice advocates saying he no longer supports requiring women to undergo a mandatory vaginal ultrasound before having an abortion saying requirement is not the proper role of the state. opponents call the procedure state-sponsored rape. >> i have a vote and an opinion and a body which is my right to control. >> and this is to make sure a woman has right to all of the information. >> virginia's house passed a bill requiring only an external ultrasound. virginia has been ridiculed on cable tv over the invasive procedure and has legislation that would outlaw all abortions. >> today the government's new consumer watch dog agency launched an investigation into the overdraft fees charged by banks. the protection bureau says it will ask banks for more

detailed information about how fees affect consumers and how overdraft protections are marketed and what information consumers can receive. fee as kt for roughly $30 billion in revenue for banks. the investigation could result in lawsuits if regulators determine the banks are violating laws. >> delivering on a promise. just ahead postal service's cost-cutting move. >> also... i'm michael finney and will take your consumer questions when we come back. >> also, ugly damage vandals left in a church, catholics begin a day of repet yens ahead at 5:00. >> diane sawyer here now with a look at what she's working on. >> hello everyone in san francisco from our newsroom in new york we're setting number of companies holding factories in china and moving back to america. and david muir and made in america team are where jobs

and are going tell us how quickly they're hiring. also, brian ross investigates imposters pretending to be navy s.e.a.l.s and war heroes. sometimes, for money z how they get caught, after abc 7 news at 5:00.

michael finney is here to answer question autos there is a question about dental care, which can be to expensive. >> it is. that is why people are asking about it. and asking please tell me the name of free dental care for those who don't have insurance, there are resource that's offer free or reduced dental care berkeley free clinic comes to mind off the top. alameda county medical center dental clinic and other counties throughout the bay area offer free or very low cost dental services if you're low income. and also, check out the school

of denist tri, and uo 7. jed asks do you have a recommendation for a visa card offering airline miles? we're going to look back on this as a colden age and there is southwest air ones has one. 25,000 bonus points and there is no littlit and there is a $69 fee. united mileage plus explorer card visa, you can earn up to 40,000 miles per year. and there is another 5,000 if adding a spouse or another user to the card z this one you get two miles per dollar spent, 10,000 bonus miles,

equal to $100 in travel. there are a son of -- ton of the things and check out their recommendations. er ronica wants to know i bought a used chevy silverado and three mek dal -- issues. what are my chances of getting my money back? >> slim and none. if it's 18 months out, you'll be under factory warranty you can probably get something done, if defrauded you can go to court. and there is why you have to be careful. >> yes. yes. or extended warranty. >> and it would be terrible. so probably may be time just

to move on from that. >> thank you. >> sure. >> postal service has plans to cut costs and raise money, closing or down rising several bay area post offices. >> and it's causing quite a stir. >> palo alto downtown post office is not only historic, for many, it's part of history. sue richardson has a relationship going back gek dek yaidz. >> i've had a box here since january 2, 1967. >> and now, in 2012, the u.s. postal service has a plan to save $20 billion a year, including selling seven post offices and including burlingame and palo alto. idea is to relocate operations to much smaller spaces. there is many understanding the need to down size. >> nice to have a building here but i don't think it's

necessary. >> and watch it be auctioned off to the building. >> and to have just enough room left over for attendant autos it makes sense to give up expensive leased land for something like our development center which is a half block away. share this space with a reduced space. >> for many, a post office anywhere else just won't be the same. >> i love this post office, it's local and convenient for the community. >> there is a spokesperson that says it is a business zpeel will do what it's best for taxpayer autos we're trying to get our facts together so we can make a credible proposal. >> the building could hit the market in mid may but if sue

richardson has anything to say bit, the p.o.box isn't going anywhere without a fight. >> yes. yes. hopefully not. >> she's ready. >> many americans will get tax refund this year, but more plan to hang on to money rather than spending it right away. there 44% will put some into the bank. 40% plan to bay town their debts with tax refund money z 30% will spend it on every day expenses. two thirds are expecting a refund this year. >> san jose planning commission expected to decide tonight if the earthquake soccer team can move head with plans to build a $60 million stadium. the earthquake want to build the venue next to san jose international airport. and neighbors worry officials

haven't done enough to address their concerns. and it has been redesigned to accommodate issues. the owner also hopes to build a ballpark in downtown san jose. >> and this did not take long there, is a new book out promising to give a lin-side look at jeremy lin. he's only been in the league for a few weeks. the group says it's publishing the reason for the lin-sanity. the harvard graduate catapulted into the national spotlight, came out of nowhere and turned around the knicks who had been struggling. lin is the first american-born player of taiwanese decent. it will chronicle his early career in the nba including a year with golden state warriors. >> thanks for joining us for abc 7 news at 4:00.

you can kip track of the latest breaking news in twitter and talk about it on abc 7 news. the news at 5:00 continues right now. >> thank you. ugly signs of hate that greeted parishioners after many began a day of repent. >> an unlikely source for berkeley police's lag time getting to a deadly home attack. >> another warm day, coming with caution. i'll have details coming up. >> good evening, i'm dan ashley. >> vandals hit a church in a time catholics are praying forring forriveness on ash wednesday. >> we're live tonight to show what happened there. >> that is right. there is a mass from ash wednesday now that, is what makes graffiti disturbing. there is an 8 foot wooden

cross clipped and toppled off the base. there is a stone plaque kicked over and statues of the holy family defaced with black spaint over faces. on the side of the church, satanic emblen blem scrawled. the father here told me people are disturbed and have been coming by all day. there are tears shed. reality he said is that there is a lot of hatred in the world. he is leaving it up for today. and make repairs. he says also people from the buddhist and baptist faiths here in the community have come by to express condolences. police are treating this as a hate crime saying there are no spex and no leads.